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MERKES v. MAPSTON

No. 92-324.

849 P.2d 210 (1993)

Peter MERKES, Plaintiff and Appellant, v. Gray MAPSTON, Defendant and Respondent.

Supreme Court of Montana.

Decided March 30, 1993.

Attorney(s) appearing for the Case

David N. Hull, Helena, for plaintiff and appellant.

Victor F. Valgenti, Missoula, for defendant and respondent.

TRIEWEILER, Justice.

Plaintiff Peter Merkes appeals from an order of the Fourth Judicial District Court, Missoula County, ordering Merkes to accept the return of a 1972 Peterbilt truck, in lieu of $5454.26 in monetary damages, as compensation for defendant Mapston's breach of contract. We reverse and remand to the District Court.

The sole issue on appeal is:

Did the District Court err when it ordered Merkes to accept the return of the 1972 Peterbilt...

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